Legal Opinion

Blake v. Winona & St. Peter Railroad

Supreme Court of Minnesota

Decided October 15, 1872PublishedCited by 15 opinions

This action was brought in the district court, for Olmsted county, to recover possession of two bales of cotton cloth, the property of plaintiffs ; the object of the action ’ being to test the constitutionality of Chap. 24, of the General Laws of 1871, entitled, “ An act- to regulate the carrying of freight and passengers on all railroads in this state,” which took effect, by its terms, May 1, 1871. ” The goods were sent by the plaintiffs from Chicago, Illinois, by railroad,…

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This action was brought in the district court, for Olmsted county, to recover possession of two bales of cotton cloth, the property of plaintiffs ; the object of the action ’ being to test the constitutionality of Chap. 24, of the General Laws of 1871, entitled, “ An act- to regulate the carrying of freight and passengers on all railroads in this state,” which took effect, by its terms, May 1, 1871. ” The goods were sent by the plaintiffs from Chicago, Illinois, by railroad, consigned to themselves at Rochester in this state, their residence and place of business. The defendant is a…

1Opinion of the Court

By the Court.

Ripley, Ch. J.

This action was brought to test the constitutionality of Gen. Laws of 1871, ch. 24, entitled “an act to regulate the carrying of freight and passengers on all railroads in this state.”

By the rates established by said act the defendant would have been entitled to demand and receive of the plaintiffs, for *424the service by it performed in the transportation of their goods from Winona to Rochester, the sum of 57 cents.

The sum actually claimed by the defendant, viz.: f 1, was in accordance with the rates of freight upon property of that kind, established by the regular…

2Cases cited5 opinions

  1. People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
  2. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  3. State v. Boston, Concord & Montreal RailroadSupreme Court of Vermont · 1853
  4. Winona & St. Peter R. R. v. WaldronSupreme Court of Minnesota · 1866
  5. Davidson v. County CommissionersSupreme Court of Minnesota · 1872

3Cited by15 opinions

  1. Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920
  2. Wilcox v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1886
  3. Star Transportation Co. v. City of Mason CitySupreme Court of Iowa · 1923
  4. Peck v. Superior Short Line Railway Co.Supreme Court of Minnesota · 1887
  5. City of Minneapolis v. WilkinSupreme Court of Minnesota · 1883

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